State Co-Operative Union vs State Of Kerala on 30 June, 2010

Kerala High Court
State Co-Operative Union vs State Of Kerala on 30 June, 2010




WP(C).No. 18819 of 2010(B)

                      ...  Petitioner


                       ...       Respondent


                For Petitioner  :SRI.C.P.MOHAMMED NIAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :30/06/2010

 O R D E R
                      K.SURENDRA MOHAN, J
                    WP(C).NO.18819                   OF 2010
          DATED THIS THE 30TH DAY OF JUNE, 2010


The petitioner has filed this writ petition challenging the

retrospective effect that has been given to a resolution passed by the

petitioner permitting promotion of its employees. The service

conditions of the employees of the petitioner are governed by Ext.P1

staff regulations which prescribes Graduation with HDC as the

qualification for promotion to the posts of Head Clerks and above. The

feeder category is that of the U.D.Clerks for which the qualification

prescribed is Graduation with JDC. There was a demand that Clerks

having only JDC and Graduation should be granted promotion to the

post of Head Clerk without insisting on the qualification of HDC.

The second respondent issued Ext.P2 order directing the grant of

promotions to such employees. Ext.P4 order was also issued amending

Ext.P1 staff regulations including JDC as an alternative qualification

for promotion to the post of Head Clerk. Pursuant to Ext.P2 order,

many U.D.Clerks were promoted as Head Clerks. However, the

Wpc 18819/2010 2

promotions were made with effect from the dates of promotion of their

juniors who had been promoted by the virtue of their superior

qualifications, earlier. This resulted in loss of seniority to some of the

employees who were possessing the qualification of HDC. Therefore,

they challenged Exts.P2 and P4 proceedings before this court and by

Ext.P5 judgment, the said proceedings to the extent it gave

retrospective effect to the promotions, was quashed.

2. According to the petitioner, as per Exts.P6 and P7 letters,

which are alleged to have been sent from the office of the petitioner,

retrospective effect has been given to the amendment that was

proposed. As per Ext.P8, retrospective effect has been given to the

amendments on the basis of Exts.P6 and P7. On coming to know of the

above anomaly, the petitioner has submitted Ext.P9 representation

before the second respondent, complaining that Exts.P6 and P7 were

not issued with their knowledge. On receipt of Ext.P9, the 2nd

respondent has to forward it to the first respondent for consideration

and disposal in accordance with law. The petitioner complains that no

action has been taken on Ext.P9 so far. Therefore, the petitioner seeks

Wpc 18819/2010 3

the issue of appropriate directions for an early action on the same.

3. The learned Senior Government Pleader, on instructions,

submits that Ext.P9 has been received and that some communication

has already been sent to the petitioner on the said representation.

Therefore, he submits that the same would be considered and disposed

of expeditiously if it has not already been finally disposed of.

4. In the above circumstances, this writ petition is disposed of

directing the second respondent to forward Ext.P9 to the first

respondent, after getting any reply or clarification that might have been

sought by the second respondent thereon, and further directing the first

respondent to consider the said representation in accordance with law

and to pass appropriate orders thereon, as expeditiously as possible and

at any rate within a period of two months from the date of receipt of a

copy of this judgment.



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